Council MInutes

April 20, 2010

BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, April 20, 2010 – 7:00 PM

1. INVOCATION
2. PLEDGE TO THE FLAG
3. ROLL CALL

President Donchez called the meeting to order. Reverend Monsignor William F. Baver, of Saints Simon and Jude Church, offered the invocation which was followed by the pledge to the flag. Present were David T. DiGiacinto, Karen Dolan, Eric R. Evans, Gordon B. Mowrer, J. William Reynolds, and Robert J. Donchez, 6. Jean Belinski was absent, 1.

4. APPROVAL OF MINUTES

The Minutes of April 6, 2010 were approved.

5. COURTESY OF THE FLOOR (for public comment on Ordinances and Resolutions to be voted on by Council this evening – 5 Minute Time Limit)

None.

6. OLD BUSINESS.

A. Tabled Items

None.

B. Unfinished Business

1. Establishing Article 1716 – Landmarks and Properties of Historical Interest
(Assigned to Preservation Plan Task Force)

C. Old Business – Members of Council

None.

7. COMMUNICATIONS

A. Director of Parks and Public Property – Bethlehem Raiders – Field House and Press Box

The Clerk read a memorandum dated April 12, 2010 from Ralph E. Carp, Director of Parks and Public Property, to which was attached a letter from Thomas Picone, President of the Bethlehem Raiders, requesting permission to tear down the existing announcing booth/storage structure located at Sell Field and construct a new field house/press box. The Raiders have the necessary funding to purchase a pole style building and have it installed. Mr. Carp has agreed to assist the organization with some in-kind services from the Parks Department.

President Donchez referred the request to Parks and Public Property Committee.

B. Public Safety Committee Member Evans – Draft Ordinance – Prohibiting Use of Handheld Mobile Telephones and Texting

The Clerk read a memorandum dated April 16, 2010 from Eric R. Evans, Member of the Public Safety Committee, to which was attached a draft Ordinance to prohibit the use of handheld mobile telephones and texting while operating vehicles in the City of Bethlehem.

President Donchez referred the matter to the Public Safety Committee.

C. Mayor – Amending Article 531 – Parking Generally

The Clerk read a memorandum dated April 15, 2010 from Mayor Callahan to which was attached a draft Ordinance amending the penalties for parking violations in Section 531.99(b) in Article 531 – Parking Generally.

President Donchez referred the matter to the Public Safety Committee.

D. Mayor – Amending Article 538 – Impounding Illegally Parked Vehicles

The Clerk read a memorandum dated April 15, 2010 from Mayor Callahan to which was attached a draft ordinance amending Section 538.01 – Authority to Remove and Impound, of Article 538 – Impounding Illegally Parked Vehicles.

President Donchez referred the matter to the Public Safety Committee.

E. City Solicitor – Roadway Lighting Agreement – Commonwealth of Pennsylvania Department of Transportation

The Clerk read a memorandum dated April 14, 2010 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed resolution between the City of Bethlehem and the Commonwealth of Pennsylvania Department of Transportation for a Roadway Lighting Agreement that is part of the overall Route 412 project which is scheduled to be let later this year.

President Donchez stated the Resolution will be listed on the May 4, 2010 Council Agenda.

F. City Solicitor – Landscape Maintenance Agreement – Commonwealth of Pennsylvania Department of Transportation

The Clerk read memorandum dated April 14, 2010 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed resolution between the City of Bethlehem and the Commonwealth of Pennsylvania Department of Transportation for a Landscape Maintenance Agreement that is part of the overall Route 412 project which is scheduled to be let later this year.

President Donchez stated the Resolution will be listed on the May 4, 2010 Council Agenda.

G. City Solicitor – Drainage Structures and Sidewalk Maintenance Agreement – Commonwealth of Pennsylvania Department of Transportation

The Clerk read a memorandum dated April 14, 2010 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed resolution between the City of Bethlehem and the Commonwealth of Pennsylvania Department of Transportation for a Drainage Structures and Sidewalk Maintenance Agreement that is part of the overall Route 412 project which is scheduled to be let later this year.

President Donchez stated the Resolution will be listed on the May 4, 2010 Council Agenda.

H. City Solicitor – Use Permit Agreement – Boutique at the Rink

The Clerk read a memorandum dated April 16, 2010 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed resolution between the City of Bethlehem and St. Luke’s Hospital and Health Network for use of the Municipal Ice Rink for the 2010 Boutique at the Rink for the time period May 3, 2010 to June 7, 2010, according to the terms of the Agreement.

President Donchez stated that Resolution 11 I is listed on this evening’s Agenda.

Ms. Dolan asked the status of the Parks master plan update, reviewing Use Permit Agreements for uniformity, and studying fees.

Jody Reppert, Business Manager of Parks and Public Property Department, advised that Ralph Carp, Director of Parks and Public Property, is looking at the fee structure that would probably be presented for the next year’s budget. Ms. Reppert confirmed to Ms. Dolan that Mr. Carp will also be reviewing and updating Codified Ordinance Article 941, Parks.

Mr. Reynolds recalled that last year there were discussions regarding updating Article 941 when the Little League Use Permit Agreements were reviewed. Ms. Dolan suggested that an update could be provided at a future Parks and Public Property Committee meeting.

8. REPORTS

A. President of Council

1. Councilmanic Appointment – Jodi M. Evans – Recreation Commission

President Donchez appointed Jodi M. Evans to membership on the Recreation Commission to fill the unexpired term of George Yasso who resigned, effective until August 2010. Mr. DiGiacinto and Mr. Mowrer sponsored Resolution No. 2010-48 to confirm the appointment.

Voting Aye: Mr. DiGiacinto, Ms. Dolan, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 5. Abstaining: Mr. Evans. The Resolution passed.

B. Mayor

Treasurer’s Escrow Account

Mayor Callahan, affirming that City Council received a memorandum from Dennis Reichard, Business Administrator, noted he wants to reassure everyone that the Treasurer’s Escrow Account was repaid by March 31, 2010. Recounting it was an issue that has been discussed in Council Chambers and is now behind everyone, Mayor Callahan added that he wanted to make it clear publicly.

Higbee Park – Spring Street

Mayor Callahan pointed out it was announced yesterday that an overhaul of Higbee Park on Spring Street will be accomplished through a $75,000 grant received from the Pennsylvania Department of Conservation and Natural Resources (DCNR), a $15,000 grant received from Highmark Blue Shield, a $15,000 grant received from PNC Bank, funding from Lehigh County’s Green Futures Fund, in-kind donation of labor from the City, and in-kind help from the neighbors and from the Pennsylvania League of Cities of Municipalities (PLCM). Mayor Callahan advised that students from Calypso Elementary School attended an event at the Ice House yesterday to develop ideas for renovating Higbee Park. Mayor Callahan held up a photograph of Higbee Park and the various pictures drawn by the students showing how they would envision Higbee Park to be renovated. Mayor Callahan affirmed that one of the activities during the PLCM Convention that will be held in Bethlehem in June will be to undertake the Higbee Park rehabilitation project with volunteers. Mayor Callahan, confirming this will be the first time that the PLCM has taken on such a project, informed the assembly the premise was that a project like this will be undertaken in the host municipality for every PLCM Convention in the future in order to leave the community that hosts the Convention in a little bit better condition. Mayor Callahan encouraged the Members’ participation in the Higbee Park renovations.

9. ORDINANCES FOR FINAL PASSAGE

None.

10. NEW ORDINANCES

None.

11. RESOLUTIONS

A. Authorizing Application – DCNR Grant – Higbee Park

Mr. Evans and Mr. DiGiacinto sponsored Resolution 2010-49 that authorized the application for a grant from the Department of Conservation and Natural Resources (DCNR) for the renovation of Higbee Park at Spring Street to add more green space, a new play system, landscaping and improved ADA access. The anticipated grant is in the amount of $60,000 that will be matched with $15,000 from the City’s Parks Capital fund, plus City in-kind work prepping the area, and $35,380 from KaBoom for the cost of the new play system.
Ms. Dolan commented this is the kind of citizen, State, and local participation that makes a very exciting event, and is an example of one of the many volunteer efforts of Bethlehem citizens. Ms. Dolan added that she will be participating in the project.

Voting AYE: Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 6. The Resolution passed.

B. Authorizing Application – DCNR Grant – Greenway Project – High Street Bridge Replacement

Mr. DiGiacinto and Mr. Mowrer sponsored Resolution 2010-50 that authorized the application for a grant from the Department of Conservation and Natural Resources (DCNR) for the replacement of the High Street Bridge over the South Bethlehem Greenway. The request is a grant in the amount of $400,000 for complete bridge replacement to retain the connection of the Greenway underneath.

Voting AYE: Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 6. The Resolution passed.

C. Authorizing Records Destruction – Police Department

Mr. DiGiacinto and Mr. Mowrer sponsored Resolution 2010-51 that authorized the disposition of public records from the Police Department as listed in Exhibit A, according to schedules and procedures for the disposition of records as set forth in the Municipal Records Manual approved on December 16, 2008 and Resolution 2010-6.

Voting AYE: Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 6. The Resolution passed.

Motion – Considering Resolutions as a Group

Mr. DiGiacinto and Ms. Dolan moved to consider Resolutions 11 D through 11 H as a group.

Voting AYE: Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 6. The motion passed.

D. Certificate of Appropriateness – 546 Main Street

Mr. Evans and Mr. DiGiacinto sponsored Resolution 2010-52 that granted a Certificate of Appropriateness to locate tables and chairs on the sidewalk in the public right-of-way for outdoor dining at 546 Main Street.

E. Certificate of Appropriateness – 500 Main Street

Mr. Evans and Mr. DiGiacinto sponsored Resolution 2010-53 that granted a Certificate of Appropriateness to locate tables and chairs on the sidewalk in the public right-of-way for outdoor dining at 500 Main Street.

F. Certificate of Appropriateness – 569 Main Street

Mr. Evans and Mr. DiGiacinto sponsored Resolution 2010-54 that granted a Certificate of Appropriateness to locate tables and chairs on the sidewalk in the public right-of-way for outdoor dining at 569 Main Street.

G. Certificate of Appropriateness – 77 West Broad Street

Mr. Evans and Mr. DiGiacinto sponsored Resolution 2010-55 that granted a Certificate of Appropriateness to install a projecting sign supported by a metal bracket and vinyl letters on the glass storefront at Unit 11-C, 77 West Broad Street.

H. Certificate of Appropriateness – 62 Wall Street

Mr. Evans and Mr. DiGiacinto sponsored Resolution 2010-56 that granted a Certificate of Appropriateness to accept the substituted pavers at 62 Wall Street.

Voting AYE on Resolutions 11 D through 11 H: Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 6. The Resolutions passed.

I. Approving Use Permit Agreement – Boutique at the Rink

Mr. DiGiacinto and Mr. Mowrer sponsored Resolution 2010-57 that authorized the execution of a Use Permit Agreement between the City and St. Luke’s Hospital and Health Network for use of the Municipal Ice Rink for the 2010 Boutique at the Rink for the time period May 3, 2010 to June 7, 2010, according to the terms of the Agreement.

Voting AYE: Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 6. The Resolution passed.

12. NEW BUSINESS.

Committee Meeting Announcements

Chairman Mowrer announced the Human Resources and Environment Committee meeting on April 21, 2010 at 7:00 PM in Town Hall.

Chairman DiGiacinto announced the Public Safety Committee meeting on April 27, 2010 at 7:00 PM in Town Hall.

Chairman Evans announced the Parks and Public Property Committee meeting on May 6, 2010 at 4:30 PM in Town Hall.

13. COURTESY OF THE FLOOR

Various Issues

Gary Toth, 427 E. Union Boulevard, said he is tired of his driveway being flooded every time there is a one inch rainfall. Mr. Toth related that he has spoken with the Public Works Director about engineering studies but they have not been done. Mr. Toth expressed his opinion that the Mayor should resign since he is running for a congressional seat, or he wants to know the amount of time spent. Questioning why citizens are being inconvenienced by the work being done on the infrastructure on the South Side, Mr. Toth thought that extra time should be added to the southbound light so that the Bridge is not backed up to Broad Street. Mr. Toth asserted that the work should have been done before the Casino opened. Mr. Toth, advising that he was stopped for tinting on his windows, stressed that two unmarked Police cars should not be allowed to have limousine tint. Mr. Toth advised that a recreational vehicle has been parked on Elm Street for ten years and has not been removed, despite the fact that there is an Ordinance regulating this, and questioned when something will be done. Mr. Toth stated that a City employee slandered a consulting engineering company representative who was at his house.

Prohibiting Use of Handheld Mobile Telephones and Texting

David Daluisio, 3083 Clifton Avenue, Bethlehem Township, handed to the Members of Council an article titled, Phone Use Bans Aren’t Producing Expected Benefit. Mr. Daluisio said he is against the ban. He noted that a Highway Loss Data Institute study found that banning cell phone use while driving does not decrease crashes. Referring to an article written by a Bethlehem Police Officer that was published in the Morning Call, Mr. Daluisio pointed out the Officer highlighted the fact that there are State laws on the books already regulating careless driving so there is no need for a City law that would be a duplication. Mr. Daluisio observed that in the Pennsylvania Vehicle Code Section 6101 it states that the provisions of this title shall be applicable and uniform throughout the Commonwealth of Pennsylvania and all political subdivisions including cities, and no local authority shall enact or enforce any ordinance on a matter covered by the provisions of the title. Mr. Daluisio related that he heard a local restaurant owner talking to one of his business partners whose friend moved his business out of Bethlehem because of taxes. Mr. Daluisio, commenting it is hard enough to keep a business open, thought that once laws are enacted such as the potential cell phone ban then people coming into Bethlehem may feel they are being harassed and may decide to go to another community instead. Mr. Daluisio, stating it is a bad potential law, said it is illegal. Mr. Daluisio remarked that Bethlehem should not do what Allentown has done as far as a cell phone ban, or what has been done in other cities, and should be kept the place to go and the place to be.

Bethlehem Fields – Lights

Joan Madzarac, 2074 Easton Road, Lower Saucon Township, informed the assembly that Boyd Wilson has put more caps on the street lights in Bethlehem Fields but the light trespass has not been remedied. Ms. Madzarac related that the neighbors tried to tell them it would not solve the problem to save them some money and to see if they would find another solution but no one would listen. Noting there is a law stating that lights cannot be shining onto a neighbor’s property, Ms. Madzarac advised the lights shine not only on her property but also inside her home. Notifying City officials that she called the County in 2009 to find out who could help her get the invasive lights out of her home, Ms. Madzarac related she was advised to talk to the City of Bethlehem to get her complaint on record. Explaining that to her this meant City Council, Ms. Madzarac affirmed that is where one goes in her Township with a problem. However, Ms. Madzarac acknowledged that is not the same system as in the City of Bethlehem where the government has a separation of power, and she apologized for addressing City Council instead of the Mayor. Ms. Madzarac asked that the City withhold any money due to Boyd Wilson until the matter of the lighting is resolved. Ms. Madzarac stated that on April 19, Greg Cryder, City Electrician, called her to say that he and Mr. Alkhal will visit her home tonight to assess the situation. Ms. Madzarac expressed the hope that there will be a favorable outcome.

Prohibiting Use of Handheld Mobile Telephones and Texting

Chuck Nyul, 1966 Pinehurst Road, informing the assembly that each day he drives about 180-240 miles delivering sporting goods to colleges, high schools, organizations, and so on in a 120 mile radius, said he is against the proposed ban on cell phones and asserted that the proposal should be dropped. Mr. Nyul said he has not seen any accidents as a result of the use of cell phones. Mr. Nyul highlighted the fact that people can be seen drinking coffee while driving, smoking cigarettes, and so on, and suggested that flip flops should not be worn when driving.

Municipal Meetings – Web Access and Use of Projectors; Treasurer’s Escrow

Robert Pfenning, 2830 Linden Street, referring to a Morning Call newspaper article in which it was reported that Northampton County Council meetings are on the web, archived, and indexed to the agenda, thought it was a great idea that improves the accessibility of government. Mr. Pfenning commented that at some point perhaps Bethlehem City Council would consider doing so. Mr. Pfenning, referring to last the Planning Commission meeting, said it is difficult for the public to see the information placed on easels. He noted one of the Planning Commission members suggested that steps be taken to have the developers project their plans on the screen for the audience since Planning Commission members have to walk around to show the displays to the public. In addition, Mr. Pfenning thought that option should be utilized at Council Meetings as well. Mr. Pfenning, referring to the Treasurer’s Escrow Account borrowing, said he is glad to hear it has been paid back. Observing that $1.6 million was allocated for repayment of Treasurer’s Escrow according to the 2010 Budget, while the Controller’s memo noted an amount of $4.2 million to be repaid, Mr. Pfenning commented there would appear to be a $2.6 million budget overrun, and wondered what City officials would do to address it.

Mayor Callahan explained that Mr. Pfenning is incorrect in the sense that while the simple math is accurate it is not how budgets work. Mayor Callahan advised part of the reason why the Treasurer’s Escrow was higher than anticipated was because certain revenues that were anticipated in 2009 were not received. Consequently, there was a $2.4 or $2.5 million receivable to go along with the budget. Mayor Callahan noted that the State has slow paid the City on the grants, as have other entities slow paid the City, and those dollars were not received. Mayor Callahan said it is anticipated that the City will receive the revenues in 2010 and there will go the so-called deficit.

Mr. Pfenning said through the Finance Committee or through Mr. Reichard directly he would like to be supplied with the account numbers and the budgets which are being augmented with the additional cash revenue in 2010 so he can track the City Budget.

Mayor Callahan stated those numbers have already been supplied to City Council.

Live Feed of Municipal Meetings

President Donchez advised that a memo was sent to the Members of Council with the results of a survey conducted of several Third Class Cities to find out how many have live feed of their meetings. President Donchez added that the cable companies will be contacted and the Information Services Bureau to inquire about the matter.

Various Issues

Eddie Rodriquez, 1845 Linden Street, said he has great concern about the community. Mr. Rodriquez asked that the Police Department confront the problems of prostitution and drugs that are getting greater. Mr. Rodriquez observed that some traffic and parking violations are being ignored. Mr. Rodriquez added that there is a litter problem in the City. Mr. Rodriquez asked that the Health Bureau address the problem of syringes used by addicts. Stressing there is a criminal element that is overwhelming the community, Mr. Rodriquez mentioned that he will talk about such matters at the Public Safety Committee meeting.

City Signs

John Ladics, Kaywin Avenue, referring to his comments at the last City Council Meeting about the sign at Saucon Park affirmed that he received correspondence from Council Member Dolan and President Donchez regarding the matter. Noting that the Mayor and Public Works Director also spoke to him, Mr. Ladics advised that the sign was taken down. Mr. Ladics queried if something can be done about the signs coming into the City and to advertise the City more.

Hiring Police Officers; Digital Signs

Bill Scheirer, 1890 Eaton Avenue, recalling there was discussion during the 2010 Budget Hearings about the necessity for additional Police Officers, noted the comment was made to wait to determine whether the crime rate increases. Mr. Scheirer highlighted the fact that he had stated it was a matter on which the City should be proactive. Mr. Scheirer, relating an incidence he saw, continued on to say another argument for additional Police Officers is to have a greater presence in monitoring traffic related violations such as speeding. Pointing out that the Zoning Ordinance does not address digital signs and the new proposed Zoning Ordinance states that the messages shall last at least ten seconds each, Mr. Scheirer noted that on the billboard located on the Hill to Hill Bridge the messages have been timed at seven seconds each. The new proposed Zoning Ordinance also states that digital signs shall be equipped with day and night dimming software to reduce the illumination intensity of the sign. Mr. Scheirer further observed that any sign not in conformance is grandfathered in new proposed Zoning Ordinance.

President Donchez informed Mr. Scheirer that two new Police Officers will be hired July 1, 2010.

In response to Mr. Scheirer, President Donchez affirmed that he and Tony Hanna, Director of Community and Economic Development, held a meeting with Professor Pettegrew and the target date for the first community lecture to be held in Town Hall is September.

Traffic Improvements – South Side; Candidacy of Mayor; Prohibiting Use of Handheld Mobile Telephones and Texting

Mary Pongracz, 321 W. Fourth Street, remarking she is delighted with what the Sands Casino has done with paving of the street and improving the area, acknowledged there is inconvenience during the project, and added there is more than one route that can be taken in order to travel to an area. Ms. Pongracz stressed it is an improvement to the City. Ms. Pongracz noted that the Mayor is an American citizen and has a right to run for whatever office he wants. She highlighted the fact that the hours of a Mayor’s job are not nine to five and the job is not defined by the hours worked but rather what needs to be done to keep the city running, since a Mayor could have to attend to a problem at Midnight, for example. Ms. Pongracz said the fact that a person could smoke or drink coffee while driving does not negate the fact that cell phone use while driving is not conducive to good driving. She commended Council Member Evans for bringing the matter before City Council.

The meeting was adjourned at 8:00 p.m.